ABILITY TO PAY AND I-140 DENIAL BY IMMIGRATION
It is not uncommon for the Law Offices of N.M. Gehi, P.C. to receive phone calls and e-mails from professionals who have received a Request for Evidence (RFE’s) wherein the USCIS is requesting the employer’s ability to pay the prevailing wages to the employee.
On several occasions the USCIS examiner has denied the case on grounds that the employer has failed to demonstrate that he has the ability to pay the employee. The Adjudications Officer is interested in evidence which demonstrates that the employer had the ability to pay WHEN he began the Labor Certification Process. Additionally, the employer has to show that he continues to have the ability to pay the foreign worker. In order to prove that the Employer has the ability to pay, the Adjudications Officer may request that the company provide its tax returns, balance sheets, and bank statements from the date of the commencement of the Labor Certification Process. If the Adjudications Officer finds that the sponsoring company suffered a loss at any point in time, the Adjudications Officer can deny the petition. In today’s difficult economic times it is not unusual for a company to show losses on their tax returns.
The good news is that on several occasions our law firm has been able to demonstrate to the USCIS (by means of supplemental information obtained from the petitioning company) that the employer had and continues to have the ability to pay the prevailing wage to the employee. For example, a Software Consulting Company sponsors a Programmer Analyst, but due to unfortunate reasons, discloses a loss on its tax return in a particular year after the filing of the PERM application. Upon receipt of the I-140 RFE, our law firm conducts a rigorous analysis of all the assets of the corporation and submits a reply accordingly.
In one interesting case, the Adjudications Officer had noticed a loss on the tax returns and therefore was about to deny the case. Our law firm reviewed all the bank records, including the accounts receivables and salary paid to the professional, and was able to prove that the petitioning company had the ability to pay the employee. After reviewing the memorandum submitted by the Law Offices of N.M. Gehi, P.C. the case was approved.
On several occasions the USCIS examiner has denied the case on grounds that the employer has failed to demonstrate that he has the ability to pay the employee. The Adjudications Officer is interested in evidence which demonstrates that the employer had the ability to pay WHEN he began the Labor Certification Process. Additionally, the employer has to show that he continues to have the ability to pay the foreign worker. In order to prove that the Employer has the ability to pay, the Adjudications Officer may request that the company provide its tax returns, balance sheets, and bank statements from the date of the commencement of the Labor Certification Process. If the Adjudications Officer finds that the sponsoring company suffered a loss at any point in time, the Adjudications Officer can deny the petition. In today’s difficult economic times it is not unusual for a company to show losses on their tax returns.
The good news is that on several occasions our law firm has been able to demonstrate to the USCIS (by means of supplemental information obtained from the petitioning company) that the employer had and continues to have the ability to pay the prevailing wage to the employee. For example, a Software Consulting Company sponsors a Programmer Analyst, but due to unfortunate reasons, discloses a loss on its tax return in a particular year after the filing of the PERM application. Upon receipt of the I-140 RFE, our law firm conducts a rigorous analysis of all the assets of the corporation and submits a reply accordingly.
In one interesting case, the Adjudications Officer had noticed a loss on the tax returns and therefore was about to deny the case. Our law firm reviewed all the bank records, including the accounts receivables and salary paid to the professional, and was able to prove that the petitioning company had the ability to pay the employee. After reviewing the memorandum submitted by the Law Offices of N.M. Gehi, P.C. the case was approved.
If you have received such an RFE, we request you to contact the Law Offices of N.M. Gehi, P.C. by calling 718-263-5999 or clicking here to schedule a Free Initial Personal Consultation via the web.New Document
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